ANALYSIS PREPARED BY THE
PUBLIC SERVICE COMMISSION OF WISCONSIN
A. Statutory Authority and Explanation of Authority
This rulemaking is authorized under Wis. Stat. §§ 196.02 (1) and (3), 196.74, and 227.11(2).
Wisconsin Stat. § 227.11(2) authorizes agencies to promulgate administrative rules. Wisconsin Stat. § 196.02(1) authorizes the Commission to do all things necessary and convenient to its jurisdiction. Wisconsin Stat. § 196.02(3) grants the Commission specific authority to promulgate rules. Wisconsin Stat. § 196.74 authorizes the Commission to promulgate rules that promote public safety by requiring the construction and operation of electric wires and equipment to be safe. In relevant part, Wis. Stat. § 196.74 states that “[e]ach public utility and railroad which owns, operates, manages or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate and maintain the wires and any related equipment in a manner which is reasonably adequate and safe and which does not unreasonably interfere with the service furnished by any other public utility or railroad. The commission may issue orders or rules, after hearing, requiring electric construction and operating of such wires and equipment to be safe. The commission may revise the orders or rules as may be required to promote public safety . . . .” B. Statute Interpreted
This rulemaking interprets Wis. Stat. §§ 196.02 (1) and (3), 196.74, and 227.11(2).
C. Related Statutes or Rules
Wisconsin Admin. Code ch. SPS 316, which is Volume 2 of the Wisconsin State Electrical Code (WSEC). D. Brief Summary of Rule
Volume 1 of the WSEC, codified in Wis. Admin. Code ch. PSC 114, is administered by the Commission. It deals with safety requirements for the installation, operation, and maintenance of primarily outdoor electric supply and communications lines and facilities used by utilities, including electric and telecommunications suppliers, railroads, and cable television providers. Wisconsin Admin. Code ch. PSC 114 has been, and is, based on the National Electrical Safety Code (NESC). The NESC is revised and updated every five years requiring subsequent periodic revision of WSEC, Volume 1, to adopt the latest national standard. In 1979, 1982, 1985, 1988, 1991, 1994, 1997, 2003, 2008, and 2014, the Commission adopted the 1977, 1981, 1984, 1987, 1990, 1993, 1997, 2002, 2007, and 2012 editions of the NESC, respectively, with certain changes, deletions, and additions which apply in Wisconsin only and are contained in Wis. Admin. Code ch. PSC 114. The 2017 edition of the NESC was issued in August 2016. A corresponding revision of Wis. Admin. Code ch. PSC 114 is necessary to implement the latest edition of the national code and make any other necessary changes to update and improve the code. A technical advisory committee was appointed and met to recommend and discuss the rule changes. Commission staff and members of the technical advisory recommended changes to Wis. Admin. Code ch. PSC 114. The majority of the recommended changes to Wis. Admin. Code ch. PSC 114 either update the NESC reference titles and page numbers or provide minor clarifications to the existing rules based on the NESC-2017 edition. In addition, the NESC incorporated several revisions from the current Wis. Admin. Code ch. PSC 114 into the NESC-2017 edition; therefore, several revisions were no longer necessary and were repealed from Wis. Admin. Code ch. PSC 114. The substantive changes to Wis. Admin. Code ch. PSC 114 are summarized as follows:
The creation of Wis. Admin. Code § PSC 114.114, relating to fire-extinguishing equipment, maintains a rule that was omitted in the NESC-2017 edition. This rule will eliminate confusion about whether fire-extinguishing equipment is required in unmanned stations. The creation of Wis. Admin. Code § PSC 114.231 adds clarity to NESC Rule 231B1, relating to the “sufficient distance” of poles from curbs. Since 1977, the NESC has required that poles be at least six inches behind the face of the curb. This requirement was omitted in the NESC-2017 edition. This rule maintains this requirement. The creation of Wis. Admin. Code §§ PSC 114.234 (12) and (13) adds the newly created NESC-2017 Table 234-6 and associated Footnote 3. E. Comparison with Existing or Proposed Federal Legislation
The NESC, which is incorporated by reference in Wis. Admin. Code ch. PSC 114, covers provisions for safeguarding of persons from hazards arising from installation, operation, or maintenance of conductors and equipment in electric supply stations, and overhead and underground electric supply and communication lines. The national standard is applicable to systems and equipment owned by utilities. F. Comparison with Similar Rules in Surrounding States
This rulemaking adopts certain portions of the latest edition of the NESC. Minnesota automatically adopts each new NESC edition by reference. Michigan does not specifically adopt the NESC, but effectively does so by referencing it as “standards of good practice.” Iowa adopts all but Part 4, and Illinois adopts sections of Part 1 and Parts 2 and 3.
G. Effect on Small Business
This rule will not affect small businesses. The Wis. Stat. § 227.114(1) definition of “small business” states that to be considered a small business, the business must not be dominant in its field. Since electric utilities are monopolies in their service territories, they are dominant in their fields and are not small businesses. FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
A completed Fiscal Estimate and Economic Impact Analysis are included as
Attachment C.
H. Comments
Comments on this rule may be submitted as outlined in the Notice of Hearing.
